CRI/T/18/1983 IN THE HIGH COURT OF LESOTHO

In the matter of :

REX

v

WINKI SETURUMANE

JUDGMENT

Delivered by the Hon. Acting Chief Justice, Mr. Justice
M.P. Mofokeng on the 30th day of September, 1983

The accused is charged with the crime of murder. It is
alleged that he unlawfully and intentionally killed the deceased
(Khotso Makhetha).
When asked to plead he pleaded guilty to the crime
of culpable homicide (which is competent to a crime of murder. The
Crown has accepted
it.

I shall not go into the facts very fully as I am at this
enjoined to pass sentence in terms of s.240(l)(a) of Criminal
Procedure and
Evidence Act 1981. It is clear from the record of the
preparatory examination that the deceased died in the hands of the
accused.
From the accused's own mouth it is clear that he stabbed the
deceased with a knife. It is equally clear that the cause of the
fight
was the girl who was found walking with the deceased that very
evening. Jealousy got the better part of the accused the outcome of
which was the fatally stabbing of the deceased. The accused has now,
as indicated above, pleaded guilty to a lesser offence of culpable
homicide. He is accordingly found guilty of the crime of culpable
homicide.

In passing sentence it will suffice to say that the us

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of a knife in recent times has assumed alarming
proportions. A week hardly passes by without an accused being tried
in this Court
for murder where the weapon used is a knife. This
instrument, properly used, was never meant to be used as a lethal
weapon to kill
a fellow human being. But in recent times a knife is
used to snife away the life of a human being at the slightest
provocation or
even indeed pretext. Where in certain situations there
was no need for the production of a knife, it is nevertheless
used with fatal consequences. Unnecessary suffering is brought upon
the
dependants of the fatally injured man (if he has any) or his
nearest relations. These persons are rarely ever heard of when the
question
of sentence is considered. On the contrary, one hears
frightening descriptions about the destitute dependants and relations
of the
accused.

The Court functions in a society which seeks revenge if
it is not satisfied with the type of sentences visited on the
wrongdoers by
the courts. The courts have to be courts of justice
and mercy. The courts have to have all the three elements in mind
all the time
in deciding what sentence to pass on the accused. I
shall bear that in mind in this case.

The courts have sent young people to prison with the
hope that there would be proper reformation. I have not lived long
enough to
witness the results. However, I think another type of
punishment should he tried in this country. The accused will have to
live
experience and see the condition of a victim similar to that of
the deceased.I do not thereby imply that he will temporarily join
the
deceased. What I mean is that he shall see for himself, over a
considerable period, what misery a knife brings to the society.

The passing of sentence is postponed for a period of one
(1) year on condition that he reports himself to the police at
Quthing Charge
Office every Friday at 6 p.m. who will then take him
to the casualty section of the Quthing Government Hospital where he
will assist
the staff of the said hospital from Friday to Monday
morning at 6 a.m. each week. He shall assist from 6 p.m. to 6 a.m

on each day of duty reporting his

/arrival

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arrival and departure to the said police.

At the expiration of the said period of one year the
said police and superintendent of the hospital, Quthing Government
Hospital will
furnish this Court with a report.

ACTING CHIEF JUSTICE
30th September, 1983

For Crown : Adv. Bosiu
For Defence: Adv. Addy